• Source:JND

We are in those times when AI and social media platforms' algorithms decide which content will receive more reach and which will not, and also what content gets removed from the platform. With such liberty, the question that arises now is whether it is right for these platforms to enjoy the legal protections provided in Section 79 of the IT Act.

What Is 'Safe Harbour' Protection

These social media platforms are not held liable or legally responsible for the content posted on them by their users, which implies that if any user posts something illegal, it does not directly implicate the platform or hold it guilty for simply hosting it. This is the simplest way to explain what the Safe Harbour provision is and the kind of protection it provides to such platforms.

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Will AI removal of Posts Take Away Benefits Of Safe Harbour Provision?

Currently, simply removing a post using AI does not make a platform lose its privileges under Section 79 of the IT Act, as there is no such provision under the current law. But this AI-aided content moderation is now a point of contention, raising legal and policy concerns.

The bone of contention here is the discussion on the fact that these social media algorithms are not just simply storing content, but are now actively engaged in ranking posts, recommend it to users, and even promoting or reducing them as well.

The parliamentary committee has argued that if AI is solely behind deciding what users get to engage with and what gets removed, then it is difficult tell whether these platforms are neutral or are they passively promoting any sort of content. The argument here is that if the platform itself takes a role similar to editorial overreach, its accountability also increases.

Is This Rule Applicable Only To Meta's Platforms?

No, this rule extends to all online platforms that fall under the legal definition of "intermediaries". Social media apps, search engines and other digital platforms fall under the purview of this provision.

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What Is The Supreme Court's Stand On The Matter?

In a landmark case, Shreya Singhal vs Union of India, the Supreme Court held that any such platform is obligated to remove any such content when an order is received from a court or any authorised government body.


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